A. Inspections:
1. All improvements shall be subject to inspection on behalf of the village during the course of construction by the village engineer or other village officer duly appointed by the village president.
2. The inspector shall have authority over materials of construction, methods of construction and workmanship to ensure compliance with working drawings and specifications. The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector. Upon due cause, the inspector may require that work be suspended and the due cause shall include weather conditions, questionable materials of construction, methods of construction, workmanship or nonadherence to specifications and drawings. Inspection costs shall be borne by the subdivider.
3. Approval by the inspector or absence of inspection shall in no way relieve the subdivider of full responsibility for adherence by his contractors to specifications and working drawings nor for high standards of materials, methods and workmanship.
4. Approval by the inspector shall not be deemed acceptance by the village of the improvements. Acceptance shall be only by action of the village board of trustees, and acceptance shall be contingent upon a favorable inspection report.
5. It shall be the responsibility of the subdivider or his contractor to notify the village clerk when work on improvements is to be performed. The initial notification that a particular improvement is to be started shall be in writing and shall reach the village clerk two (2) days in advance of the date of starting work. If the work on a particular improvement is interrupted, the subdivider or his contractor shall notify the village clerk or the inspector in writing at least twenty four (24) hours prior to returning to work. (1978 Code § 7-1-11)
B. Acceptance:
1. Initial Acceptance:
a. Upon completion of an improvement, the village engineer will certify completion of the improvement to the village clerk, certifying that the improvement required to be installed in or upon the subdivision in connection with the approval of the plat of subdivision by the village board of trustees has been fully completed and the construction or installation thereof approved by him. A certificate for each type of improvement shall be required, although several certificates may be presented at the same time. Acceptance of the improvement by the board of trustees shall be by resolution. Approval of the final plat, or the approval of the annexation of unincorporated territory by the board of trustees, does not constitute an acceptance by the village of such streets or other improvements designated on the plat or constructed or installed upon the subdivision site, irrespective of any act by any officer, agent or employee of the village.
b. A single improvement shall not be accepted in part. It shall be complete throughout the subdivision as indicated in the final plat and working drawings, such as the subgrade base course and surface course of a street shall be considered as a single improvement.
c. Acceptance of an improvement by the board of trustees shall constitute a release of ninety percent (90%) of the applicable portion of the performance bond or applicable portion of the balance of a cash deposit. The remaining ten percent (10%) of the applicable portion of the bond will be held for the duration of the maintenance period unless it is replaced with a maintenance warranty bond of equal value and validity.
2. Responsibility For Maintenance; Bond Required: As further assurance of serviceable construction and to provide for repair of damage resulting from subsequent construction operations of the subdivider or his contractors, the subdivider shall be responsible for all maintenance of an improvement, including grading, for a period of not less than twelve (12) months following completion of construction of that improvement and acceptance thereof by the village; provided, in addition, that the subdivider shall be responsible for all maintenance of roadways, curbs, gutters, sidewalks, parkway strips, storm drains and hydrants of water facilities until all construction work has been completed. Construction work shall be deemed to include all necessary backfill and grading. The subdivider or developer shall furnish to the village a maintenance bond pertaining to said improvements in an amount and with a surety that are acceptable to the village, and said bond shall remain in force throughout the twelve (12) month maintenance period.
3. Final Acceptance: At the end of the maintenance period of completion of construction, all necessary repairs will be made and be inspected by the village engineer. The village engineer will certify to the village clerk that all necessary repairs have been completed and that the improvement is complete and in good repair in accordance with the village standards and requirements. The village attorneys will certify that satisfactory and proper conveyances of title to property have been made by the subdivider to the village. Final acceptance of the improvement by the board of trustees shall be by resolution. Upon final acceptance, all bonds or cash deposits shall be refunded. (1978 Code § 7-1-12)
C. Protection And Repair Of Existing Improvements: The subdivider, his contractors and suppliers shall be jointly and severally responsible that existing improvements and the property of the village are not damaged or rendered less useful or unsightly by the operations of the subdivider, his contractors or suppliers. This provision is intended to include damages or nuisances with respect to the land, improvements of landscaping of the village, damage to existing streets, sidewalks, curb and gutter, or parkways by passage thereover of equipment or trucks or by excavation for any purpose; the spillage or tracking of earth, sand or rocks into the streets, sidewalks, curbs and gutters or into catch basins; and damage to water mains, sanitary sewer culverts or storm sewers. To reduce or localize the possibility of damage to streets by heavy trucking, the village engineer or director of public works may instruct the subdivider as to the streets to be used for access to the subdivision by equipment or trucks, and the subdivider shall be responsible for enforcement of this instruction upon his contractors and suppliers. The subdivider shall make provisions to prevent washing of earth or sand onto sidewalks, streets, curbs and gutters and into catch basins by stormwater. Where deemed advisable, the village engineer or director of public works shall have the power to require, either prior to commencement of construction or after construction is in progress, that the subdivider post an appropriate bond to guarantee repair of damages or abatement of nuisances. Where the need for a bond becomes apparent after construction is in progress, the village board shall have the power to order construction discontinued until the appropriate bond has been posted. Expenses incurred by the village in repairing damages and cleaning streets, catch basins and sewers shall be deducted from the bond or shall be charged to the builder. (1978 Code § 7-1-12; amd. 2011 Code; Ord. 2014-15, 3-20-2014)
D. Time For Completion Of Improvements: Unless otherwise specified in this title, or unless otherwise agreed to between the plan commission and the subdivider, with the approval of the village board of trustees, all improvements required herein shall be completed within two (2) years of the date of acceptance of the final plat by the board of trustees. (1978 Code § 7-1-12)